One misconception about releases is that they protect the photographer. That is not the case.
As a photographer you are never required to get a release. The release is for the end user who may publish the image. You can not be held responsible for what anther person does unless you misrepresent something. Your image will be more marketable with a release but it is not your responsibility to get one.
I can sell images of people without model releases without any liability. Those images are my property and in the United States we are allowed to sell our property. If you legally sell a firearm would you be held responsible if it were used in a crime? The end user must be confident that they can use your image. You never want to misrepresent the fact that you do not have a release and you don't want to offer any advice as to whether or not the end user needs one for a certain use. It is up to them to know.
Scott
Scott Sharick Photography
www.scottsharickphotography.com
www.scottsharickblog.com
www.flickr.com/photos/scottsharick/
On Jun 27, 2011, at 12:50 PM, Kevin Carlyle wrote:
> isn't the idea around a release being that someone else could recognize the item/location? The release is to protect your easily identified object from being misrepresented by someone else. Such as saying it's a killer dog in this case. You have a property release so your using a home in a sign about indian burial grounds doesn't get you sued. Being that burial grounds drops the value of the home.
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> unless the dog is famous I doubt it could be picked out of a lineup of similar dogs by anyone except it's owner. Dogs in general are so common, mundane and similar that stock places don't want photos of them (or cats).
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> think of it this way. plenty of missing kids get found from the signs. how many pets do you think are?
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> So why would a release be needed?
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> On Jun 27, 2011, at 5:43 PM, Larry Berman wrote:
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>> Not if it's identifiable to it's owner. Then you need a property release.
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